Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- an article arguing “the legal case against the Trump tariffs is strong”;
- a blog post indicating there has been a trend of “increased willingness of the Federal Circuit to reject jury verdicts, especially in situations involving potentially inadequate expert testimony”;
- an article reporting how, “[o]n the same day the federal government shut down, the U.S. Patent and Trademark Office announced that it would permanently close its Rocky Mountain Regional Outreach Office in Denver”; and
- an article discussing how “[t]he U.S. Patent and Trademark Office laid off some employees . . . affecting around 1% of the agency’s workforce.”
Bob Bauer authored an article for Executive Functions arguing “the legal case against the Trump tariffs is strong.” In the article, Bauer highlights how “[t]he Supreme Court has stated . . . that it ‘typically greet[s] assertions of extravagant statutory power over the national economy with skepticism.’” Bauer, in turn, suggests the Federal Circuit’s “skepticism was justified and its conclusion correct.” For more information on the case, check out the relevant case page in V.O.S. Selections, Inc. v. Trump.
Dennis Crouch penned a blog post for PatentlyO indicating there has been a trend of “increased willingness of the Federal Circuit to reject jury verdicts, especially in situations involving potentially inadequate expert testimony.” Crouch suggests the Federal Circuit “did not alter any law associated with expert testimony, but rather [provided] a pointed reminder to district [courts] to rigorously scrutinize . . . the expert’s opinions.” Crouch, however, cautions that “this rigor has some potential of improperly overstepping into the jury’s role as fact finder.”
Aldo Svaldi wrote an article for The Denver Post reporting how, “[o]n the same day the federal government shut down, the U.S. Patent and Trademark Office announced that it would permanently close its Rocky Mountain Regional Outreach Office in Denver.” According to Svaldi, “the USPTO told Congress that its increasing reliance on remote work had reduced the need for physical office space.” Svaldi highlights a comment from Justin Krieger, an adjunct law professor at the University of Denver, who said “the Denver office provided far more benefits to the regional economy than whatever it cost to keep it open.”
Theresa Schliep wrote an article for Law360 discussing how “[t]he U.S. Patent and Trademark Office laid off some employees . . . affecting around 1% of the agency’s workforce.” In the article, Schliep points out that “[t]he layoffs follow a concerted effort by the Trump administration to reduce the federal workforce.” According to Schliep, some IP attorneys expressed concern that “the Trump administration shouldn’t view cost-cutting at the USPTO as a source of meaningful savings.”